Ballot measure circulators seek a veto on bills they say target them

Represent South Dakota spokesman Doug Kronaizl, center, and other supporters of a proposed government ethics constitutional amendment unload boxes of petitions outside the state Capitol in Pierre, S.D., Wednesday, Oct. 18, 2017. The campaign says it turned in more than 50,000 signatures to the Secretary of State's office to put the measure on the 2018 ballot. (AP Photo/James Nord)(Photo: James Nord, AP)

Self-described direct democracy advocates and petition circulators this week turned to their last hope in an effort to block a pair of bills they fear would make them a target.

In letters and phone calls, they reached out to Gov. Dennis Daugaard, urging him to veto House Bills 1177 and 1196.

If approved, the first would require the people who circulate initiative and referendum petitions to disclose to voters their name, phone number and email address.

The second would require circulators to submit affidavits with personal information including their previous two addresses, whether they have a library card or hunting or fishing license and whether they pay in-state tuition to a public college in the state. It would also block those who violate the state's petition circulation laws from participating in another ballot measure campaign for four years after an offense.

"It’s just asking volunteers to pass up all this information to make it easier for others to take them to court," Doug Kronaizl, a petition circulator for Constitutional Amendment W said. "It’s worrying, and I think it will dissuade a lot of people."

The bills' supporters said the measures are needed to ensure that South Dakota residents, not out-of-state signature gatherers, circulate petitions.

Opponents worried the bills would deter volunteer circulators from becoming involved out of fear of giving up private information or being barred from the process for four years.

Tony Venhuizen, chief of staff to Gov. Dennis Daugaard, said the governor was reviewing the bills and would take action on them next week. Daugaard's office didn't stand to oppose either one during the legislative process.

Rep. Drew Dennert, R-Aberdeen, brought forth HB 1177 and said it wouldn't impose a significant burden on circulators. Meanwhile, it would give voters more insight into who is attempting to put policy questions on the ballot.

"It’s important to know the people circulating these petitions are residents of South Dakota," he said.

House Speaker Mark Mickelson, the author of House Bill 1196, said his experience circulating a pair of ballot measure petitions gave him a front-row seat to what he called a "reckless disregard" some circulators have for South Dakota laws.

And should that happen again, the state should have circulators' information on file, he said. Mickelson said he wouldn't have had a problem with submitting those details to the state for his initiated measure campaigns.

"HB 1196 puts modest requirements on a sponsor to support state law requirements that petition circulators be residents and personally collect and witness the signatures on their petitions," he said in a statement.

As of Friday, neither Dennert nor Mickelson had reached out to Daugaard to urge his support for their proposals.

Kronaizl asked fellow circulators and volunteers to call or write to the governor's office with concerns about the measures' potential to adversely affect volunteers rather than paid petition circulators.

Rebecca Terk, a lobbyist for Dakota Rural Action, agreed, saying the requirements would likely dissuade some interested in joining a ballot measure campaign from circulating. Her organization also called on members to reach out to the governor.

"It's a real personal privacy intrusion," Terk said. "People who do a job aren’t required to give people their personal contact information. Forcing petition signatures to share their personal information with people on the street is really problematic."

Daugaard will decide whether to sign, veto or allow the bills to take effect without his signature next week. Lawmakers are set to return to Pierre March 26 to consider proposals that the governor vetoes.

On the governor's desk:

House Bill 1177: Requires that a petition circulator’s name, phone number and email address be made available to those considering petition forms

House Bill 1196: Requires the submission to the state of an affidavit with detailed information about each petition circulator as well as additional information about paid circulators presented on petition forms